ARTICLE
Earlier this week, a New York Supreme Court Judge issued a Temporary Restraining Order (TRO) which prohibits the New York State Department of Labor (DOL) from enforcing the ‘50-Mile Radius Rule’ (Section 222(c)) of the adopted rule on Prevailing Wage for Aggregate Hauling. The Order helps build momentum behind a legal challenge to the rule and implicitly acknowledges that the issues raised by the plaintiffs in this case and place construction industry contractors in immediate harm. Defense arguments from the NY Attorney General’s Office and responses regarding the issue are due later this month. For the duration of the TRO or subsequent preliminary injunction, the Department of Labor is precluded from enforcing the ’50-mile radius' portion of the rule. It should be noted that Monday’s order is the beginning of a longer process. A decision to permanently enjoin enforcement of Section 222(c) of the adopted rule will ultimately be decided on the merits of the case. –AGCNYS